36 CFR Part 1191 ABA Accessibility Guidelines, Outdoor Developed Areas - Preamble

1019 Conditions for Exceptions

1019.1 General

This section lists the conditions for the exceptions to specific provisions in 1011, 1013, 1014, 1015, 1016, 1017, and 1018. When an entity determines that any of the following conditions does not permit full compliance with the provision, compliance is required to the extent practicable:

• Compliance is not practicable due to terrain.

• Compliance cannot be accomplished with the prevailing construction practices.

• Compliance would fundamentally alter the function or purpose of the facility or the setting.

• Compliance is limited or precluded by any of the following laws, or by decisions or opinions issued or agreements executed pursuant to any of the following laws: Endangered Species Act; National Environmental Policy Act; National Historic Preservation Act; Wilderness Act; or other federal, state, or local law the purpose of which is to preserve threatened or endangered species; the environment; or archaeological, cultural, historical, or other significant natural features.

The last condition allows the following to be a basis for using the exceptions:

• Opinions issued by the Secretary of the Interior pursuant to the Endangered Species Act stating how a federal agency can implement an action without jeopardizing the continued existence of any endangered species or threatened species, or destroying or adversely modifying the habitat of such species (16 U.S.C. 1536 (b) (3) (A));

• Decisions issued by a federal agency pursuant to the National Environmental Policy Act in actions requiring environmental impact statements stating how it will avoid or minimize environmental harm (42 U.S.C. 4332; 40 CFR 1505.2);

• Agreements executed or decisions issued by a federal agency pursuant to National Historic Preservation Act stating how it will avoid, minimize, or mitigate adverse effects on historical properties (16 U.S.C. 470f and 470h-2; 36 CFR 800.6 (b) (iv) and 800.7 (c) (4)); and

• Provisions in the Wilderness Act that require federal agencies to preserve the wilderness character of designated wilderness areas and prohibit any structure or installation within such areas (16 U.S.C. 1131 (b) and (c)).